Registration Regulations (NT)

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NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 28 March 2003.  Any amendments that may come into operation after that date are not included.

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REGISTRATION REGULATIONS

Regulations under the Registration Act

1.Citation

These Regulations may be cited as the Registration Regulations.  (See back note 1)

2.Commencement

These Regulations shall come into operation on the commencement of the Registration Amendment Act 1991.  (See back note 1)

3.Fees

(1) For the purposes of section 16 of the Land Title Act, the fee and charge that the Registrar-General may demand and receive for a dealing or other matter specified in column 1 of Part 1 of the Schedule under the provision of that Act, if any, specified opposite in column 2 of that Part is the fee (which may be a nil fee) specified opposite in column 3 of that Part and the levy, if any, specified opposite in column 4 of that Part.

(1A)    The other fees (which may include fees for a nil amount) and levies (if any) prescribed in Parts 2 to 7 inclusive of the Schedule are payable for or in relation to the matters specified opposite in those Parts.

(2) A fee is not payable for the lodgement or registration by the Registrar-General of a memorandum referred to as a statutory restrictions notice in section 35 of the Land Title Act.

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SCHEDULE

Regulation 3

FEES

Part 1 – Land Title Act

Column 1

Column

2

Column

3

Column

4

1.

For issue of certificate as to title, per certificate as to title issued

44

$85.00

2.

Application to correct the land register to note death by surviving proprietor

17

$85.00

$5.00

3.

Application to correct land register to amend plan of survey

17

$85.00

$5.00

4.

Application for any other correction of land register (unless correction by Registrar-General on his or her own motion)

17

$85.00

$5.00

5.

For lodgement and registration of memorandum for purposes of caution notice

34

$85.00

$5.00

6.

Direction to remove memorial of caution notice

36

$85.00

$5.00

7.

For creation of single title for 2 or more lots that have same registered owner (in addition to fee for each certificate as to title issued)

41

$85.00

$5.00

8.

For creation of separate titles for lots for which a single title was created under section 41 of the Act (in addition to fee for each certificate as to title issued)

42

$85.00

$5.00

9.

For lodgement of notice of forfeiture or determination of whole or part of crown lease

48(5) and (6)

$85.00

$5.00

10.

For registration of surrender of whole or part of crown lease

48(7), (8) and (9)

$85.00

$5.00

11.

Application to subdivide lot by registration of  plan of subdivision of lot (in addition to fee for each certificate as to title issued)

51

$85.00

$5.00

12.

For registration of transfer of lot or interest in lot, including transfer of a mortgage or lease

60

$85.00

$5.00

13.

Application for registration or other noting of particulars in land register of statutory vesting or grant of land or interest in land (in addition to fee for each certificate as to title issued)

64

$85.00 per interest vested or granted for first 5 interests or, if more

than 5 interests vested or granted, $500

$5.00

14.

For registration of lease or sublease

65

$85.00

$5.00

15.

For registration of notice of extension or renewal of lease or sublease

68

$85.00

$5.00

16.

For registration of amendment of lease or sublease

69

$85.00

$5.00

17.

For lodgement of request to register re-entry under registered lease

70

$85.00

$5.00

18.

For lodgement of surrender of lease or sublease (whether whole or partial surrender)

71

$85.00

$5.00

19.

For lodgement of disclaimer of lease or other interest under law of bankruptcy and request to register disclaimer

72(1)

$85.00

$5.00

20.

Application to register notice of foreclosure by mortgagee of lease subject to disclaimer in bankruptcy

72(3)

$385.00

$5.00

21.

For registration of instrument of mortgage for a lot or interest

74

$85.00

$5.00

22.

For registration of instrument of amendment of mortgage

78

$85.00

$5.00

23.

For registration of instrument amending priority of registered mortgages

79

$85.00

$5.00

24.

For lodgement and registration of instrument discharging mortgage other than statutory charge

83

$85.00

$5.00

25.

For lodgement and registration of instrument discharging statutory charge

83

$10.00

26.

Application to note satisfaction and discharge of annuity or sum of money

84

$85.00

$5.00

27.

Application to register statutory charge

86

$85.00

$5.00

28.

Application to remove statutory charge from  land register

90(1)

$85.00

$5.00

29.

Notice to Registrar-General regarding removal of statutory charge from land register

90(6)

$85.00

$5.00

30.

For creation of easement or easement in gross

91

$85.00

$5.00

31.

For registration of instrument of extinguishment of whole or part of easement or easement in gross

98(1)

$85.00

$5.00

32.

Application to extinguish registered easement or easement in gross (in addition to any fee for mailing by registered mail)

98(6)

$85.00

$5.00

33.

Notice to Registrar-General regarding removal of registered easement or easement in gross from land register

98(7)

$85.00

$5.00

34.

For registration of instrument of amendment of easement or easement in gross

99

$85.00

$5.00

35.

For creation of covenant or covenant in gross

106

$85.00

$5.00

36.

For registration of instrument of extinguishment of covenant or covenant in gross

112(1)

$85.00

$5.00

37.

Application to extinguish registered covenant or covenant in gross (in addition to any fee for mailing by registered mail)

112(7)

$85.00

$5.00

38.

Notice to Registrar-General regarding removal of registered covenant or covenant in gross from land register

112(7A)

$85.00

$5.00

39.

For registration of instrument amending covenant or covenant in gross

113

$85.00

$5.00

40.

For registration of instrument creating profit a prendre

118

$85.00

$5.00

41.

For registration of instrument of amendment of profit a prendre

123

$85.00

$5.00

42.

For lodgement and registration of instrument releasing profit a prendre

124(1)

$85.00

$5.00

43.

For lodgement of request to remove profit a prendre

124(3)

$85.00

$5.00

44.

For lodgement and registration of instrument of transfer of interest to trustee

126

$85.00

$5.00

45.

For lodgement of request to vest interest in trustee

127

$85.00

$5.00

46.

For application to note appointment of new trustee in land register

$85.00

$5.00

47.

For lodgement of application to be registered as personal representative of deceased registered proprietor

129

$85.00

$5.00

48.

For lodgement of request to record transmission of interest under law about bankruptcy

131

$85.00

$5.00

49.

For lodgement of request to register writ of execution and copy of writ

132

$85.00

$5.00

50.

For lodgement of request to cancel writ of execution

134

$85.00

$5.00

51.

Application to register discharge or satisfaction of writ of execution

135

$85.00

$5.00

52.

For registration of transfer of lot sold under writ of execution

136

$85.00

$5.00

53.

For lodgement of caveat (whether lapsing or non lapsing caveat)

138

$165.00

54.

For lodgement of request to withdraw caveat

141

$85.00

$5.00

55.

Notification by caveatee to Registrar-General of service on caveator of notice under section 142(3) of the Act

142(4)

$85.00

$5.00

56.

Notification to Registrar-General by caveator of commencement of proceedings

142(6)(a)

$85.00

$5.00

57.

Notification to Registrar-General by caveator that not wanting caveat to lapse and that intends to commence or has commenced proceedings

142(6)(b)

$85.00

$5.00

58.

For lodgement of request to cancel caveat

144

$85.00

$5.00

59.

For issue of substitute instrument to replace lost or destroyed instrument (in addition to fee for each certificate as to title issued)

161

$85.00

$5.00

60.

For lodgement of standard terms document (unless by Registrar-General on his or her own motion)

168

$85.00

$5.00

61.

Application to register court order other than writ of execution

$85.00

$5.00

62.

For cancellation of title to land under section 11 of Crown Lands Act

$85.00

$5.00

63.

For lodgement of variation of crown lease under section 36 of the Crown Lands Act

$85.00

$5.00

64.

For lodgement and registration of a document referred to in another item in this Part (other than a standard terms document referred to in item 60) that exceeds 2 separate pages in length (instead of the fee and charge that would be payable under that other item), and for this purpose the front or the back of a single sheet of paper on which information is printed is a separate page

$130.00

$5.00

65.

For lodgement and registration by virtue of section 7(3) of the Act of an instrument that is not in the appropriate form (instead of the fee and charge that would be payable under this Part if the instrument were in the appropriate form)

$130.00

$5.00

66.

For advertising a lost certificate as to title or instrument by the Registrar-General

$105.00

67.

If an instrument or application requires the endorsement of more than one certificate as to title, the fee for noting each certificate as to title after the first

$35.00

68.

For an inspection of the land register –

(a)                 if the inspection is performed by a person using remote access facilities

(b)                if the inspection is performed by a person using equipment available in the Land Titles Office in Darwin or Alice Springs

(c)                 if the retrieval of information from the register is carried out by staff of the Land Titles Office

$10.00

$10.00

$15.00

69.

For a photocopy or facsimile (per page)

$1.00

70.

For a certified copy (in addition to the inspection fee)

$40.00

71.

For the deposit or amendment of a plan (other than a plan lodged for the purpose of subdivision)

$155.00

72.

For a requisition

$35.00

73.

For every mailing by registered mail

$20.00

74.

For a search of the Record of Administrative Interests and Information (but if the search is conducted in conjunction with a search of the land register this fee does not apply)

$10.00

75.

For a lodgement or registration or other dealing not provided for above (other than a notice of a grant under the Crown Lands Act or the Pastoral Land Act, a direction to remove a memorial of statutory restriction notice or notice of the change of a person's name or address)

$85.00

$5.00

Part 2 – Real Property (Unit Titles) Act

1.

On lodgement of an application for registration of a plan as a units plan, a units plan relating to a staged development, a units plan of subdivision, a plan of consolidation or a building alteration plan

255

2.

On lodgement of a notification of alteration of articles of a body corporate as referred to in section 78(2)(a) of the Unit Titles Act

85

3.

On lodgement of a notice of conversion

85

4.

Registration of a disclosure statement as referred to in section 26E of the Unit Titles Act

85

5.

Registration of an alteration of a disclosure statement as referred to in section 26J of the Unit Titles Act

85

6.

On lodgement of registration of an order under section 95 of the Unit Titles Act varying or cancelling a units plan

85

7.

Where an instrument or application deals with more than one certificate of title for endorsement, a noting fee for each certificate

35

8.

For the issue of each certificate of title resulting from the registration of a plan or an application for, or order for, cancellation or variation

85

8A.

For giving notice under section 15A of the Act of the cancellation of a units plan

$105

9.

For each objection to a cancellation under section 15A of the Act

85

10.

For an instrument or notice or application not otherwise provided for other than for a notification of change of address for service of notices on a body corporate

85

11.

For a photocopy (per page)

1

Part 3 – Instruments Act

1.

On lodgement for registration of a bill of sale, crop lien, wool lien or stock mortgage

85

2.

On lodgement for registration of a transfer of a bill of sale, crop lien, wool lien or stock mortgage

85

3.

On lodgement for extending the effect of the registration of a bill of sale

85

4.

On lodgement for registration of a discharge of a bill of sale, crop lien, wool lien or satisfaction of a stock mortgage

85

5.

For each inspection of a bill of sale, crop lien, wool lien or stock mortgage (including the searching of an index or register, as appropriate, kept in pursuance of the Act)

5

6.

For the certificate of a copy of an instrument or document lodged in the Registry in pursuance of the Act

40

7.

The requisition fee payable on an instrument or document lodged in the Registry in pursuance of the Act

35

8.

For a photocopy (per page)

1

Part 4 – Powers of Attorney Act

1.

For registering a power of attorney –

(a) in a form in accordance with Form 1 in Schedule 2 of the Powers of Attorney Regulations

(b)                otherwise than in accordance with the form

85

130

2.

For registering a revocation of a power of attorney

85

3.

For endorsing a copy of an original instrument creating or revoking a power of attorney – for each instrument or other document

35

4.

For a search of a power of attorney

5

5.

For a photocopy of a power of attorney (per page)

1

Part 5 – Unit Titles Act

1.

For an application for approval of a proposal under section 10 for the subdivision of a parcel, if the number of units in the proposed subdivision –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$330

$330

plus $45 for each unit exceeding 4 units

$600

plus $35 for each unit exceeding 10 units

$950

plus $25 for each unit exceeding 20 units

$1 700

plus $15 for each unit exceeding 50 units

2.

For a plan lodged under section 21B for registration as a units plan of subdivision, if the number of units in the units plan –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$330

$330

plus $45 for each unit exceeding 4 units

$600
plus $35 for each unit exceeding 10 units

$950

plus $25 for each unit exceeding 20 units

$1 700

plus $15 for each unit exceeding 50 units

3.

For an application under section 21FA (including an application under that section as applied by section 26P) to change land comprised in a parcel by adding land to, or removing land from, the parcel, if the number of affected units –

(a)                 does not exceed 4 affected units

(b)                exceeds 4 affected units but does not exceed 10 affected units

(c)     exceeds 10 affected units but does not exceed 20 affected units

(d)                exceeds 20 affected units but does not exceed 50 affected units

(e)                 exceeds 50 affected units

$330

$330

plus $45 for each affected unit exceeding 4 affected units

$600

plus $35 for each affected unit exceeding 10 affected units

$950

plus $25 for each affected unit exceeding 20 affected units

$1 700

plus $15 for each affected unit exceeding 50 affected units

4.

For an application for approval of a proposal under section 26B to subdivide and develop land in stages as a condominium development, if the number of units in the proposed condominium development –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$330

$330

plus $45 for each unit exceeding 4 units

$600

plus $35 for each unit exceeding 10 units

$950

plus $25 for each unit exceeding 20 units

$1 700

plus $15 for each unit exceeding 50 units

5.

For an application for approval of a proposal under section 26Q to subdivide and develop land as an estate development, if the number of units in the proposed estate development –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$925

$925

plus $130 for each unit exceeding 4 units

$1 705

plus $130 for each unit exceeding 10 units

$2 905

plus $110 for each unit exceeding 20 units

$6 205

plus $100 for each unit exceeding 50 units

6.

For an application under section 26ZI to register a building development plan, if the number of units in the building development plan –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$925

$925

plus $130 for each unit exceeding 4 units

$1 705

plus $130 for each unit exceeding 10 units

$2 905

plus $110 for each unit exceeding 20 units

$6 205

plus $100 for each unit exceeding 50 units

7.

For a variation of a disclosure statement lodged under section 26ZM(4)

$300

8.

For an application under section 26ZU to register a building development plan to convert all of the units in a units plan into building lots, if the number of units to be converted –

(a)                 does not exceed 4 units

(b)                exceeds 4 units but does not exceed 10 units

(c)                 exceeds 10 units but does not exceed 20 units

(d)                exceeds 20 units but does not exceed 50 units

(e)                 exceeds 50 units

$330

$330

plus $45 for each unit exceeding 4 units

$600

plus $35 for each unit exceeding 10 units

$950

plus $25 for each unit exceeding 20 units

$1 700

plus $15 for each unit exceeding 50 units

9.

For an application under section 95A(2) for the cancellation of a units plan

$40

plus $20 in respect of each unit in the units plan and $20 in respect of each mortgagee's consent to the proposed cancellation".

Part 6 – The Workmen's Liens Act, 1893

1.

For each affected title under sections 10(3) and 16

85

Part 7 – Law of Property Act

1.        Fee payable on making application under section 98

of the Act to the Registrar-General to offer

mortgaged property for sale by private contract

under that section  $600.00

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Notes

1.        The Registration Regulations, in force under the RegistrationAct, comprise the Regulations 1991, No. 63, and amendments made by other legislation, the details of which are specified in the following table:

Year and number

Date made

Date notified in the Gazette

Date of commencement

1991, No. 63

29 Nov 1991

11 Dec 1991

1 Jan 1992 (a)

1993, No. 25

31 Aug 1993

1 Sept 1993

1 Sept 1993

1994, No. 29

31 Aug 1994

14 Sept 1994

1 Oct 1994 (b)

1996, No. 52

31 Oct 1996

1 Nov 1996

1 Nov 1996

1999, No. 22

30 Jun 1999

1 July 1999

1 July 1999

Act No. 45, 2000

1 Dec 2000

2000, No. 56

30 Nov 2000

1 Dec 2000

1 Dec 2000

Act No. 62, 2001

11 Dec 2001

2002, No. 56

12 Dec 2002

18 Dec 2002

18 Dec 2002

2003, No. 15

28 Mar 2003

28 Mar 2003

28 Mar 2003

(a)      See regulation 2, section 2 of the Registration Amendment Act 1991 and Gazette G49, dated 11        December 1991, p. 4.

(b)See regulation 1, section 2 of the Real Property Amendment Act (No. 2) 1993 and Gazette G37, dated 14 September 1994, p. 2

2.        Regulation 5 of Regulations 2000, No. 56 provides as follows:

"5.      Transitional

"(1)     In this regulation, 'Principal Regulations' means the Registration Regulations as in force immediately before the commencement of these Regulations.

"(2)     If, on or after the commencement of these Regulations, a person makes an application to or lodges a document with the Registrar-General that was prepared before that commencement under and for the purposes of the Real Property Act, the fee payable in respect of the application or document is the fee that would have been payable in respect of the application or document under the Principal Regulations.".

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Table of Amendments

Regulation

3.Substituted by 1993, No. 25; amended by 1996, No. 52; Act No. 45, 2000; 2000, No. 56

ScheduleSubstituted by 1993, No. 25; amended by 1994, No. 29; 1996, No. 52; 1999, No. 22; Act No. 45, 2000; 2000, No. 56; Act No. 62, 2001; 2002, No. 56; 2003, No. 15

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